Can You Get an IID Exemption in California?
An ignition interlock device, or IID, can be one of the most frustrating consequences of a California DUI. An IID requires a driver to provide a breath sample before the vehicle will start, and depending on the circumstances of the DUI, California law may require the device for a specified period of time.
Can you get an IID exemption in California? California’s statewide IID program allows certain people who are subject to mandatory IID installation to request an exemption. However, an exemption is not automatic, and meeting the requirements does not necessarily mean a person can simply continue driving without restrictions.
Who Can Qualify for an IID Exemption in California?
According to the California DMV, a person may qualify for an IID program exemption if the DUI violation occurred on or after January 1, 2019, and the person is subject to mandatory IID installation under California Vehicle Code §23575.3.
The DMV lists three primary requirements. You must:
- Not own a vehicle
- Not have access to a vehicle at your residence
- No longer have access to the vehicle involved in the DUI arrest that resulted in the conviction
What Happens If the IID Exemption Is Granted?
An IID exemption does not mean that all DUI-related driving restrictions disappear. If the DMV grants the exemption, you must still serve the full suspension or revocation period associated with the offense and complete the required DUI treatment program.
An IID can allow an eligible driver to regain or maintain restricted driving privileges under certain circumstances. An exemption from mandatory IID installation, however, does not automatically give someone unrestricted driving privileges.
The specific restrictions that apply to your license depend on the circumstances of your DUI and the DMV action involved.
What If You Live Outside California?
California also has an out-of-state exemption for certain people who were convicted of a qualifying California DUI but now live in another state.
According to the DMV, eligibility can depend on factors including completing a California DUI treatment program and not yet completing the mandatory IID restriction period. They may require additional paperwork.
Because these requirements can be different from the standard IID exemption, someone who has moved out of California should not assume that the regular exemption rules apply.
Does Not Owning a Car Automatically Mean You Are Exempt?
A person seeking an IID exemption generally has to meet the DMV’s specific requirements. For the standard exemption, the DMV looks at whether the person owns a vehicle, has access to a vehicle where they live, and still has access to the vehicle involved in the DUI.
Simply selling your car after a DUI does not necessarily resolve every issue. Likewise, someone who does not own a vehicle but regularly has access to another person’s vehicle may not satisfy the exemption requirements.
What If You Need to Drive for Work?
Not being able to afford an IID or needing to drive for work does not automatically create an exemption.
Depending on your circumstances, California’s DUI laws may provide other options for obtaining restricted driving privileges. The DMV explains that certain drivers may be eligible to apply for an IID restriction or other restricted-license options depending on the type of DUI and applicable suspension.
How Do You Request an IID Exemption?
If you believe you qualify, you need to follow the DMV’s exemption process and provide the required information.
The DMV specifically provides an IID Program Exemption process for qualifying drivers. Documentation may be required to establish that you do not own a vehicle, do not have access to a vehicle at your residence, and no longer have access to the vehicle involved in the DUI.
Because an exemption can affect your ability to legally drive, it is important to make sure the application is accurate and that you understand what restrictions remain in place.
What If the DMV Denies Your IID Exemption?
A denied exemption does not necessarily mean you have no options. The reason for the denial matters, as does the type of DUI conviction and the particular license restrictions imposed in your case.
A California DUI attorney can review your DMV records, conviction, IID requirements, and driving circumstances to determine whether you may qualify for an exemption or another form of restricted driving privilege.
Talk to a California DUI Lawyer About Your IID Options
California’s IID rules can be complicated, particularly because the requirements depend on factors such as your DUI history, the type of offense, whether anyone was injured, and whether the IID requirement comes from the court or DMV.
If you have been ordered to install an ignition interlock device but believe you may qualify for an exemption, do not assume that simply not owning a car means you are automatically exempt.
An experienced California DUI attorney can review your specific circumstances and help you understand what options may be available.
Rick Mueller is a San Diego DUI defense attorney who represents clients facing DUI charges and related driver’s license consequences throughout San Diego County. If you are dealing with an IID requirement or believe you may qualify for an IID exemption, contacting an attorney promptly can help you understand your rights and options.
Can You Get an IID Exemption in California?